General Terms and Conditions

About

Thank you for using ClickView. These terms are between the legal entity (“Subscriber”)
identified in ClickView’s quote and order form (the “Order Form”) and ClickView Limited
(Company Registration Number 05919237) of Fifth Floor, 4 Bath Place, London, EC2A 3DR
(“ClickView”) for supply of services (“Services”), content (“Content”)
and use of the hardware (“Hardware”) available via the ClickView platform (“Platform”)
or for use with the Platform as specified by Subscriber in the Order Form.

This Agreement consists of these General Terms, the applicable Appendice(s) and the Order Form (“Agreement”).

The provision and use of certain Services, Software (as defined in Appendix 2) and/or Hardware ordered by
Subscriber is subject to additional terms as follows:

Where any of these Appendices apply to the Services and/or Hardware ordered by Subscriber, those terms shall
be deemed incorporated into this Agreement.

Licence to access and use the Platform

Subject to the terms of this Agreement, ClickView grants Subscriber a limited, revocable, non-exclusive and
non-transferable licence for its Users to access and use the Platform and such parts of the Content as are
specified in the Order Form (“Licensed Content”) for educational purposes only, and for the
period of the subscription stated in the Order Form (the “Subscription Period”), subject to
earlier termination of this Agreement in accordance with its terms. The access and usage rights provided
under this Agreement are granted to the Subscriber only, and shall not be considered granted to any
subsidiary or holding company of the Subscriber.

Certain Licensed Content and functionality of the Platform requires Subscriber to create an account
(“Account”). Subscriber shall not access or attempt to access an Account that it is not
authorised to access. Access to Subscriber’s Account is controlled with a unique username and password.
Subscriber is responsible for keeping the Account password confidential and secure against unauthorised use,
and for all activity that occurs using that Account. Subscriber must provide true, accurate, current and
complete information about itself as requested by ClickView.

The individual entering into this Agreement represents and warrants that they are authorised to do so on
behalf of Subscriber and that they are authorised to give the representations and warranties given by
Subscriber in these terms.

Content

The Content comprises (i) the Licensed Content; (ii) information or content (including without limitation any
comments) uploaded, or otherwise provided by subscribers to, and/or users of, the Platform including without
limitation Subscriber and its Users (“User Content”); and (if applicable) (iii) the
Broadcast Content as defined in Appendix 3. User Content and any Broadcast Content will be subject to a
maximum storage limit of 500GB or as otherwise agreed between Subscriber and ClickView (“Storage
Limit”).

Subscriber shall, and shall ensure that its Users shall, use the Content only in accordance with the terms of
this Agreement (including, as applicable, the terms of Appendix 3 in relation to Broadcast Content). Use
other than in compliance with this Agreement is strictly prohibited, and may subject Subscriber and Users to
civil and criminal sanctions.

Users

Subscriber shall be responsible for all users accessing the Platform through Subscriber’s account (“Users”)
and Subscriber shall ensure that Users comply with the terms of use of the Platform accepted by Users on
their registration to use the Platform, as varied from time to time in accordance with such terms of use
(“Online Terms of Use”), accessible at:
https://www.clickview.co.uk/clickview-online-terms. Subscriber shall be liable for the acts or
omissions of Users’ access to and use of the Platform, the Services, the Hardware and/or the Licensed
Content as though they were the acts or omissions of Subscriber.

Access to and use of Platform, the Services and the Licensed Content shall be limited to individual Users who
have accepted the Online Terms of Use and who continue to comply with such terms. In the event that a User
is in breach of the Online Terms of Use, then without prejudice to ClickView’s other rights and remedies,
ClickView reserves the right to immediately suspend access to the Platform, the Services and/or the Licensed
Content to any or all Users.

Subscriber will ensure that Users are only permitted to access Content that is appropriate for such Users to
access including, without limitation, appropriate regarding the age of such Users. Subscriber shall be
responsible for setting and maintaining access rights and authorisations of Users using the administrative
settings on the Platform, including by limiting those Users who may make purchases, deleting content
uploaded by Users, applying age ratings to User Content and by setting storage limits for individual
Users.

Subscriber shall procure that Users shall:

use their own secure password for their use of the Platform, and that each User keeps their password
confidential and secure against unauthorised use;

not store on, or distribute or transmit via the Platform any virus or any material that is unlawful,
harmful threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates
illegal activities; depicts sexually explicit images; promotes unlawful violence; or is in breach of a
third party’s Intellectual Property Rights;

not transfer, temporarily or permanently, any rights under this Agreement; and

not attempt to obtain, or assist third parties in obtaining unauthorised access to the Platform,
Hardware or any Content.

Subscriber shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the
Platform, the Services Hardware and/or the Licensed Content and shall notify ClickView promptly of any such
unauthorised access or use.

Support and Maintenance

ClickView agrees to provide certain Support and Maintenance services to Subscriber, as described in Appendix
5.

Charges and Payment

In consideration of the provision of Subscriber’s access to and use of the Platform, Services, Licensed
Content and (if applicable) purchase of Hardware, Subscriber shall pay ClickView the fees calculated and
payable as set out in the Order Form (the “Subscription Fees”).

All amounts and fees stated or referred to in this Agreement are exclusive of value added tax, which shall be
added to ClickView’s invoice(s) at the appropriate rate.

ClickView shall invoice Subscriber at the intervals stated in the Order Form. Each correctly submitted
invoice is due and payable within seven (7) days after the date of the invoice or as otherwise agreed
between Subscriber and ClickView. If ClickView has not received payment within seven (7) days after the date
of the invoice, and without prejudice to any other rights and remedies of ClickView, ClickView shall have
the right to suspend access to the Content, Services and/or the Platform until ClickView has received
payment of the overdue amount together with any accrued interest.

The Subscription Fees will be reviewed by ClickView annually, and ClickView may propose an increase to the
same no more than once in every year of the Subscription Period by written notice to Subscriber.

Availability of the Platform and the Licensed Content

Subject to the remaining provisions of this Agreement, including the provisions of Appendix 5, ClickView
shall use commercially reasonable endeavours to make the Platform, the Services and Licensed Content
available 24 hours a day, seven days a week, except for:

an event of Force Majeure; or

planned maintenance and unscheduled maintenance provided that where it is possible to do so ClickView
has used reasonable endeavours to give Subscriber advance notice of such maintenance.

Copyright and other Intellectual Property Rights

Subscriber acknowledges and agrees that:

ClickView and/or its applicable third party licensors own all patents, copyright, database right, trade
names, trademarks (whether registered or unregistered), performer’s rights and any other proprietary
rights (“Intellectual Property Rights”) in the Platform, the Services, the Hardware and
the Licensed Content and, save for the express rights granted in this Agreement, Subscriber acknowledges
that all other rights to exploit the Intellectual Property Rights in the Platform, the Services, the
Hardware and the Licensed Content are reserved to ClickView and such third party owners respectively;

Content is provided by way of a licence only and such licence shall cease upon termination of the
Agreement; and

it will not, whether during the Subscription Period or at any time after termination of this Agreement,
in any way question or dispute the legal and beneficial ownership by ClickView or any applicable third
party owner of the Intellectual Property Rights in the Platform or the Licensed Content (or any part
thereof).

All Intellectual Property Rights in and to the Content shall be owned by the applicable licensors. Subscriber
and its Users shall have sole responsibility for the legality, reliability, accuracy, quality and
suitability of the Licensed Content and ClickView shall not be liable to Subscriber or its Users for any use
made by them of the Licensed Content to the fullest extent permissible by law.

Acknowledgement of Ownership

No portion of the Platform or the Content may be reproduced in any form or by any means, except as expressly
permitted hereunder. Subscriber agrees not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Platform or the Content, in any manner, and Subscriber shall not exploit the
Platform or the Content in any unauthorised way whatsoever.

ClickView, the ClickView logo, and other ClickView trademarks, marks, graphics, and logos used in connection
with the Platform are trademarks or registered trademarks of ClickView Pty Ltd in Australia and/or other
countries. Other trademarks, graphics, and logos used in connection with the Platform or the Content may be
the trademarks of their respective owners. Save as expressly stated in this Agreement Subscriber is not
granted any right or license with respect to any of the aforesaid trademarks graphics and logos.

Subscriber agrees that it will not reproduce, copy, duplicate, sell, resell, rent or trade access to the
Platform or the Licensed Content (or any part thereof) for any purpose.

Termination and Suspension

Subscriber may suspend its use of the Platform at any time during the Subscription Period or terminate this
Agreement at any time during the Subscription Period by providing written notice to ClickView. In the event
of termination or suspension under this clause and, without prejudice to its other rights and remedies,
ClickView shall not be required to refund any Subscription Fees paid by Subscriber up to the effective date
of termination or to refund that part of the Subscription Fees corresponding to the period of such
suspension.

In addition to its other rights under this Agreement, ClickView reserves the right to suspend or terminate
Subscriber’s access to the Platform at any time at ClickView’s sole discretion without any liability to
Subscriber, save for the refund of any part of the Subscription Fees attributable to the unused portion of
the Subscription Period at the effective date of termination, calculated pro rata.

General Compliance with Laws

Subscriber shall, and shall ensure its Users shall, comply with all applicable laws and regulations that
apply to its use of the Platform, the Services, the Content and, if applicable, the Hardware.

Enforcement of this Agreement

ClickView reserves the right to takes steps ClickView believes are reasonably necessary or appropriate to
enforce and/or verify compliance with any part of this Agreement (including but not limited to ClickView’s
right to cooperate with any legal process relating to Users’ use of the Platform, the Services the Content
and/or (if applicable) the Hardware, and/or a third party claim that Users’ use of the Platform, the
Services the Content and/or (if applicable) the Hardware, is unlawful and/or infringes the Intellectual
Property Rights of a third party).

Data Protection

Disclaimer of Warranties

ClickView warrants that it will provide the Platform, Services and the Content with reasonable care and skill
and in accordance with this Agreement.

The express terms of this Agreement are in lieu of all ClickView’s warranties, conditions, terms,
undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or
otherwise, including any condition of satisfactory quality or fitness for a particular purpose whether or
not any purpose has been notified to the Subscriber or User, all of which are hereby excluded to the fullest
extent permitted by law. Without limitation to the foregoing:

ClickView does not guarantee, represent, or warrant that use of the Platform will be uninterrupted or
error-free; and

ClickView does not represent or guarantee that the Platform will be free from loss, corruption, attack,
viruses, interference, hacking, or other security intrusion, and ClickView disclaims any liability
relating thereto to the fullest extent permissible by law. Subscriber acknowledges that it and its Users
shall be responsible for backing up the Content, subject to the terms of this Agreement, and for
safeguarding its data and other files during installation, when upgrading, or when installing an update.

Limitation of Liability

Neither party shall be liable under or in connection with this Agreement, however that liability arises, for
consequential, special, incidental or indirect losses or for loss of profits, loss of business, loss of
anticipated savings and/or loss of goodwill, even if such damage or loss could reasonably be supposed to
have been in the contemplation of both parties when entering into this Agreement.

Subject to the remaining provisions of this clause, and except for the Subscriber’s or its Users’
unauthorised or unlawful use of the Platform, the Services, the Content and/or (if applicable) the Hardware
(for which the Subscriber’s liability will not be capped), each party’s maximum aggregate liability under or
in connection with this Agreement, however that liability arises, shall in no circumstances exceed the total
value of the Subscription Fees paid or payable to ClickView for the duration of the Subscription Period.

Nothing in this Agreement shall exclude or in any way limit ether party’s liability for fraud, or for death
or personal liability caused by its negligence or any other liability to the extent the same may not be
excluded or limited as a matter of law.

For the purposes of this clause, ‘however that liability arises’ means howsoever arising, whether in
contract, tort (including negligence and strict liability), breach of statutory duty, indemnity or
otherwise.

The parties agree that the limitations and exclusions of liability contained in this Agreement are reasonable
in view of the nature and extent of the obligations accepted by each party under this Agreement and the
level of the Subscription Fees.

Subscriber’s or its Users’ unauthorised or unlawful use of the Platform, the Services, the Content
and/or (if applicable) the Hardware, breach of this Agreement or breach of the Online Terms of Use;

Subscriber’s or its Users’ breach of the terms of the Subscriber’s ERA Licence; and

as a consequence of any infringement by Subscriber or its Users of any Intellectual Property Rights in
the Platform, the Services, the Content and/or (if applicable) the Hardware.

Force Majeure

Neither party shall be liable for any delay in performing or failure to perform its obligations hereunder to
the extent that and for so long as the delay or failure results from any act, event, non-happening, omission
or accident beyond its reasonable control (a “Force Majeure Event”). Force Majeure Events
shall include but not be limited to the unavailability of third party telecommunications or services;
strikes, lock-outs or other industrial action (other than strikes, lock-outs or other industrial action of
any contractors of the party seeking to rely on the Force Majeure Event); impossibility of the use of
railways, shipping, aircraft, motor transport or other means of public or private transport; act of public
enemy or terrorism; or compliance with any law or governmental order, rule, regulation or direction.

If any Force Majeure Event occurs, the date(s) for performance of the affected obligation(s) shall be
postponed for so long as is made necessary by the Force Majeure Event, provided that if any Force Majeure
Event continues for a period of or exceeding 1 month, the non-affected party shall have the right to
terminate the Agreement forthwith on written notice to the affected party. Each party shall use its
reasonable endeavours to minimise the effects of any Force Majeure Event.

Notices

ClickView may send notices with respect to this Agreement by sending an email message to the email address
listed in Subscriber’s Account contact information; by sending a letter via postal mail to the contact
address listed in Subscriber’s ClickView Account contact information. Email notices shall become effective
immediately and postal notice shall become effective 2 working days after the date of posting.

Entire Agreement and Third Party Rights

This Agreement supersedes all prior agreements, arrangements and understandings between the parties and
constitutes the entire agreement between the parties relating to the subject matter hereof. Subscriber
warrants to ClickView that it has not been induced to enter into this Agreement by any prior representations
whether oral or in writing, except as specifically contained in this Agreement. Subscriber shall not have
any remedy in respect of any untrue statement made by ClickView on which Subscriber relied in entering into
this Agreement including any negligent misstatement (unless such untrue statement was made fraudulently) and
Subscriber’s only remedies shall be for breach of contract as provided for in this Agreement.

The parties confirm that they do not intend to confer any rights on third parties by virtue of this Agreement
and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.

Waiver

No waiver of any term of this Agreement is valid unless it is in writing and signed by an authorised person
of the party charged with the waiver. A waiver is valid for the specific situation for which it was sought.
All remedies provided for in this Agreement are cumulative and in addition to and not in lieu of any other
remedies available to either party in equity.

Variation

ClickView reserves the right to make changes to this Agreement at any time. Changes to this Agreement will be
announced by sending a notice to the Subscriber. Subscriber’s and Users’ continued use of the Platform will
be deemed acceptance of any such changes.

Law and Jurisdiction

This Agreement is governed by the law of England and Wales and the parties submit to the exclusive
jurisdiction of the English courts to resolve any dispute between them arising under or in connection with
this Agreement.

Appendix 1: Uploading User Content

Uploading and commenting on User Content

Subscriber may upload User Content to the Platform, subject to the Storage Limit as defined in the General
Terms.

Users with a staff or teacher user account (“Staff Users”) may upload User Content to the ClickView
Exchange service on the Platform. Subscriber must procure that, by uploading such User Content, Staff Users
grant to ClickView a non-exclusive, royalty-free, transferrable and worldwide right (but not an obligation)
to use and reproduce such content on ClickView Exchange. Subscriber acknowledges that such User Content will
be accessible to other subscribers and users on ClickView Exchange, however such User Content will not be
used by ClickView outside of the Platform without Subscriber consent.

Where User Content includes a comment, the User’s username may be used and published in connection with such
comment.

User Content

The views expressed in User Content are the opinions of the relevant Subscriber or User and do not represent
the views, opinions, beliefs or values of ClickView. ClickView will not be responsible for the content or
accuracy of any User Content.

Subscriber shall not and shall ensure Users shall not submit User Content protected by copyright, trademark,
patent, trade secret, moral right, or other intellectual property or proprietary right without the express
permission of the owner of the respective right. Subscriber represents and warrants for itself and on behalf
of its Users that User Content:

does not contain or condone sexually explicit material or violence, or condone discrimination based on
race, sex, religion, nationality, disability, sexual orientation or age;

is not threatening, abusive or intimidating, or provided with an intent to harass, upset, alarm or
embarrass any other person or cause needless anxiety;

does not infringe anyone else’s rights, including any intellectual property rights or right of
confidentiality or privacy; in particular, Subscriber should not submit content which includes music
(unless Subscriber or User has written the music itself or has a licence from the person who wrote and
recorded the music), or identifiable brands or logos;

complies with all applicable laws;

does not contain any material which is defamatory, invades the privacy of any person, is obscene,
offensive, hateful or inflammatory;

does not breach any legal duty owed to a third party, such as a contractual duty or a duty of
confidence;

does not misrepresent Subscriber’s or User’s identity or affiliation with any person, or falsely gives
the impression that such content comes from someone else;

does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;

does not feature any individual who has not expressly consented to their image and/or voice being
featured on the Platform, nor any individual under the age of 16 without the consent of that
individual’s parent or guardian;

and Subscriber agrees that it be responsible for any loss or damage ClickView may suffer as a result of and
breach of the warranties set out in this Agreement.

Take Down Procedure

ClickView may monitor, edit or remove any User Content for violation of the letter or spirit of this
Agreement, or for any other lawful reason.

ClickView reserves the right to remove any User Content at any time for any reason, at its sole
discretion.

ClickView is not liable for any User Content available on the Platform or ClickView Exchange. Subscriber is
responsible for appointing a suitable person to act as their administrator to: immediately remove User
Content where Subscriber has a good reason to believe that any User Content is in breach of these terms, is
infringing Subscriber’s rights, or is otherwise illegal, including User Content notified to Subscriber by
one or more Users clicking on the “Flag this Video” button. For User Content uploaded in ClickView Exchange,
Subscriber may request for the User Content to be removed by contacting info@clickview.co.uk

Appendix 2: Software

ClickView makes available certain software and applications to Subscribers and its Users (i) to download,
from time to time; and (ii) embedded on certain Hardware, if applicable (the “Software”).

By downloading and/or using the Software, Subscriber and its Users agree to be bound by the following licence
terms in relation to the Software. ClickView hereby grants to Subscriber a non-exclusive, non-transferrable
licence for it and its Users to use the Software to access the Platform and use the Services for educational
purposes only during the Subscription Period and subject to the terms and conditions of this Agreement.

Subscriber and its Users acknowledge and agree that the download and use of the mobile version of the
Software will also be subject to the terms and conditions applied by the relevant third party mobile
platform provider, which shall apply in addition to the terms and conditions of this Agreement. Subscriber
and its Users may receive and use any free supplementary software code incorporating “patches” and
corrections of errors as may be provided by ClickView from time to time. Such patches and error corrections
shall be deemed to be part of the Software for the purposes of this Agreement.

Subscriber’s and its Users use of the Software is subject to the following restrictions. Subscriber shall not
and shall ensure its Users shall not:

install and use any Software embedded on the Hardware on any hardware or device except the Hardware;

re-sell or distribute the Software to any third party;

copy the Software except where such copying is incidental to normal use of the Software or where it is
necessary for the purpose of back-up;

incorporate the Software, or any part thereof, into any other software programs;

disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of
the Software nor attempt to do any such things;

provide, or otherwise make available, the Software in any form, in whole or in part (including, but not
limited to, program listings, object and source program listings, object code and source code) to any
person to the fullest extent permissible in law. Where applicable law permits any of the foregoing,
Subscriber shall notify ClickView;

use the Software in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with
this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious
code, including viruses, spyware, malware or harmful data etc. into the Software or any third party
operating system; or

use the Software in a way that could damage, disable, overburden, impair or compromise ClickView’s
systems or security or interfere with other users of the Services.

ClickView cannot guarantee that no material error or malfunction will arise during use of the Software nor
that the information, results and functions related to the Software are free of all errors or defects. It is
Subscriber’s and User’s responsibility to take all appropriate steps to protect its data and/or software
stored on its computer equipment and devices against any viruses and infringement.

ClickView reserves the right to modify and update all or a portion of the Software or its functions without
prior notice and without the need to notify Subscriber and Users in advance.

Appendix 3: Broadcast Content

The Educational Recording Agency licensing scheme and use of ClickView Exchange and ClickView TV

ClickView Exchange and ClickView TV are provided to Subscribers and Users to facilitate the rights granted by
the Educational Recording Agency (“ERA”) to its licensees in relation to the use of certain
broadcast content (“Broadcast Content”) which is subject to the terms of each Subscriber’s
agreement with ERA. The terms of the ERA Licence can be accessed here:http://www.era.org.uk/the-licence/details-rates/terms-licence.

ClickView is authorised by ERA to record, store and provide access to Broadcast Content for and on behalf of
validly licensed educational establishments under an agreement between the ERA and ClickView.

By entering into this Agreement and using ClickView Exchange and ClickView TV, Subscriber:

warrants to ClickView that it has, and will maintain throughout the Subscription Period, a current and
valid licence agreement with ERA for the copying of Broadcast Content (“Subscriber’s ERA
Licence”);

acknowledges that the provision by ClickView of Exchange and ClickView TV is subject to the terms of the
agreement between ClickView and ERA (“ClickView’s ERA Licence”);

hereby instructs ClickView for and on behalf of the Subscriber as an educational establishment holding a
Subscriber ERA Licence to record and store recordings of Content comprising of no more than 40
individual broadcasts of mixed programming during each week of the duration of this Agreement which may
then be made available for download by Subscriber’s Users from ClickView Exchange. If Subscriber wishes
ClickView to increase the number of recordings, and/or change the type of programming recorded, then
Subscriber shall notify ClickView in writing and ClickView shall use reasonable endeavours to comply
with such request but shall not be obliged to do so; and

authorises ClickView to record Broadcast Content and to make it available for download by Users from
ClickView TV. Subscriber acknowledges and agrees that Broadcast Content available on ClickView TV shall
only be held on behalf of Subscriber by ClickView on a temporary basis.

Subscriber’s ERA Licence

Subscriber shall, and shall ensure that its Users shall, use the Broadcast Content only in accordance
with the terms of the Subscriber’s ERA Licence.

ClickView reserves the right to verify and monitor Subscriber’s licensed status with ERA.

If Subscriber has not entered into a Subscriber’s ERA Licence with ERA then Subscriber is not entitled
to enter into this Agreement.

Where Subscriber is no longer licensed under the Subscriber’s ERA Licence during the Subscription Period
it must immediately cease access to ClickView Exchange and ClickView TV and use of the Broadcast Content
and immediately inform ClickView.

ClickView’s ERA Licence

Subscriber acknowledges that it is a requirement under ClickView’s ERA Licence that Subscriber does not
communicate a copy of any Broadcast Content made available through ClickView Exchange or ClickView TV to
any person other than staff or students of Subscriber.

Subscriber acknowledges that ClickView may amend, terminate or suspend the provision of ClickView
Exchange, ClickView TV and/or this Agreement without notice if ClickView’s ERA Licence is amended,
terminated or suspended.

Data Protection

Subscriber agrees that ClickView has the right, without liability to Subscriber, to disclose any registration
data, account information and Broadcast Content usage information including without limitation, details of
the Broadcast Content stored on behalf of Subscriber, the number of copies and types of Broadcast Content
accessed or downloaded by Subscriber and its users, the name of the Subscriber and the User ID allocated to
each User of such Broadcast Content to ERA in accordance with ClickView’s reporting obligations with
ERA.

Users

Subscriber shall procure that Users shall:

be authorised teachers, academic or research staff engaged by Subscriber (including temporary staff with
authorised password access); and

be made aware of the terms of the Subscriber ERA Licence governing the use of the Broadcast Content
prior to use of ClickView Exchange and ClickView TV and that all Users comply with such terms.

Appendix 4: Hardware

Upon acceptance of an Order Form by ClickView including any Hardware, ClickView agrees to supply the Hardware
specified in the Order Form to Subscriber in accordance with the terms and conditions of this Appendix.

If the specific Hardware referenced in the Order Form is unavailable, ClickView reserves the right to supply
alternative Hardware provided that such alternative Hardware can fulfil the same functionality and
performance as the originally referenced Hardware.

Delivery and Title

The Hardware shall be delivered to such address as is provided by Subscriber in the Order Form, within 30
days of receipt of the Order.

Risk and Title in the Hardware shall pass to Subscriber on delivery of the Hardware.

Warranties

Subscriber represents and warrants that the Hardware shall be for its own internal use only. Use of the
Hardware other than for this purpose in connection with the Services shall constitute a breach of this
Agreement. In particular, Subscriber represents and warrants for itself and on behalf of Users that use of
the Hardware by Subscribers and Users:

shall not infringe anyone else’s rights, including any intellectual property rights or rights of
confidentiality or privacy;

complies with all applicable laws; and

does not breach any legal duty owed to a third party, such as a contractual duty or a duty of
confidence.

ClickView shall use reasonable endeavours to procure that any warranty offered by the manufacturer of the
Hardware is passed to the Subscriber. Where such manufacturer’s warranty is available, Subscriber may claim
against the manufacturer and exercise its rights under the warranty to the extent permitted under its terms.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded, to the fullest extent
permitted by law.

Appendix 5: Support and Maintenance

ClickView offers remote support in relation to configuration and operation of the Platform.

Response times

Cases can be logged by phone, email or through our website. ClickView’s policy is to respond to all customer
cases on the same business day. Please note that cases logged after 4pm may not receive a response until
8.30am the following business day. Our offices are open from 8.30am until 5.30pm Monday to Friday GMT.

Resolution times

ClickView Technical Support cases will be addressed in a structured fashion and be escalated to the
appropriate response team based upon the severity of the case. The following table shows expected resolution
times, based on the assumption that a decision-making ICT representative of Subscriber will be able to
respond to the recommendations of ClickView and make efficient decisions about its correct operation.

Severity Level

Condition

Expected Resolution Time

Frequency of Updates

1

Majority of Users have restricted or no ClickView functionality

Worked on 24×7 until resolved

Every 3 hours

2

ClickView functionality is impaired or degraded

Worked on during business hours. Expected resolution time is 1 business day.

Every 6 hours

3

Problem which is causing minor issues, but not preventing use or general access

Worked on during business hours. Expected resolution time is 3 business days.

Every business day

4

Problem where single User(s) are experiencing issues

Worked on during business hours. Expected resolution time is 7 business days.

When remedied

5

An end-user contacts ClickView directly requesting a new service or clarification.

Expected resolution time is 30 business days

When addressed (if necessary)

Maintenance

Subscriber agrees and acknowledges that:

maintenance of the hosting equipment, facility, or other aspects of ClickView’s systems that may require
interruption of the Platform (“Maintenance Events”) shall not be performed during the
hours of 8.30am – 5.30pm GMT during business days;

ClickView may interrupt access to the Platform at any time to perform emergency maintenance; and

ClickView may interrupt access to the Platform for unscheduled maintenance, provided that it has given
Subscriber at least 3 days’ advance notice.

ClickView reserves the right to close down access to the Platform to Subscriber and/or any Users should there
be a real or perceived security risk that the Platform or any of the servers that it runs on could be
infected by a virus or spyware of any kind. ClickView shall use its reasonable endeavours to restore access
to the Platform as soon as is reasonably practicable following any restriction of access in accordance with
this paragraph.

ClickView shall maintain and update the Platform as it deems necessary from time to time. Support for
additional features developed by ClickView may be provided separately at rates to be agreed between the
parties.